¶1Whatever may be proved when the issues in this action are brought to trial, there is nothing in the pleadings and affidavits contained in the record that shows sufficient ground for the exercise of judicial discretion in granting a temporary injunction. (Reformed P. D. Church v. M. A. Building Co., 214 N. Y. 268; McLean v. Woolworth Co., 204 App. Div. 118; affd., 236 N. Y. 612; Whitridge v. Park, 100 Misc. 367; affd., on opinion below, 179 App. Div. 884.) Van Kirk, P. J., Hinman, Davis, Hill and Hasbrouck, JJ., concur. Order reversed on the law and facts, with ten dollars costs and disbursements, and motion for an injunction pendente \it¡e denied, with ten dollars costs.
228 A.D. 726
Moore v. Sayers
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 1930
Appellate Division of the Supreme Court of the State of New York · decided 1930-01-15
Relies on Minister, Elders & Deacons of the Reformed Protestant Dutch Church v. Madison Avenue Building Co. · McLean v. . F.W. Woolworth Company · Whitridge v. Park
Decided 1930-01-15